Judge: No printers for voting machines before primary

A judge today declined to hold the state to a January deadline for attaching printers to electronic voting machines used across New Jersey, ensuring the machines will not be changed before the Feb. 5 presidential primary.

Superior Court Judge Linda Feinberg instead allowed the state Attorney General's Office to proceed with seeking an extension from the Legislature, which if approved would mean the printers won't be rolled out until next June's state primary. Feinberg said she believed the office had acted in good faith to comply with a 2005 state law requiring all 10,000 machines to include printers by this January as a safeguard against digital tampering, but said rigorous testing imposed by the state had delayed the process.

With the new technology, voters could view printouts to ensure their electronic ballots were recorded properly, and the printouts would be used for recounts. But over the summer, the New Jersey Institute of Technology found minor flaws in three machines from two vendors. Re-testing and redesign of the printers, which is ongoing, will take weeks, said Attorney General Anne Milgram, who said last week she would request the extension.

Assemblyman Reed Gusciora, the Trenton Democrat who sponsored the 2005 law, says the Legislature may have no choice but to grant an extension. Voter rights activists, who want to replace electronic voting machines with devices that scan manual ballots, say the state has dragged its feet and should have prepared backup plans months ago.

Today, an attorney for the activists said they were disappointed with the judge's decision.

"I think she punted," said the lawyer, John McGahren.

Feinberg cited support from election officials in all 21 counties who were opposed to switching to other voting methods at the last minute. Representatives from both the Democratic and Republican committees of New Jersey also testified today against a last-minute switch, saying they support the continued use of electronic voting machines, which they said haven't caused problems in the past.